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Can a Pedestrian be at Fault For a Car Accident in NYC?

Automobile accidents in the US are responsible for the death of almost 6,000 pedestrians every year. New York is one of the most congested cities in the world has more than 3,000 pedestrians every year suffering serious injury in such accidents. When you hear of a pedestrian accident, your first instinct may be to believe that it was caused due to the driver’s fault. However, there are cases where car accidents in NYC are caused due to the negligence of pedestrians.

pedestrian fault car accident

Automobile accidents in the US are responsible for the death of almost 6,000 pedestrians every year. New York is one of the most congested cities in the world has more than 3,000 pedestrians every year suffering serious injury in such accidents. When you hear of a pedestrian accident, your first instinct may be to believe that it was caused due to the driver’s fault. However, there are cases where car accidents in NYC are caused due to the negligence of pedestrians.

If a pedestrian suddenly steps into a road, the car driver may have no time to react in time to avoid a collision. In trying to avoid hitting the pedestrian, the driver may veer into another lane or hit an oncoming car or even knock down the pedestrian they were trying to save. In New York City auto crashes where it can be shown that the pedestrian behaved in a negligent manner, the law is very likely to hold them at fault for the pedestrian accident.

What Injuries are Likely During a Pedestrian Accident?

When a car collides with a pedestrian, it is almost always the pedestrian who suffers grave injuries because, unlike the car driver, they are totally exposed. Pedestrians do not have any safety gear or measures to keep them safe either. When the bumper of the car crashes into the pedestrian, the bones of the legs and the pelvis are most likely to be fractured.

In many cases, it is likely that the front part of the car scoops the pedestrian off the ground, and they smash into the windshield or the hood of the car, resulting in traumatic brain injuries. If the crash causes the pedestrian to be knocked to the ground, they may also suffer severe spinal injuries.

Is it Always the Car Driver who is at Fault for Pedestrian Accidents?

It is natural for people to assume that pedestrians get injured in accidents that are caused due to the error of the driver who hit them. While this may be true in several cases where the driver was speeding, distracted while driving, or driving under the influence of alcohol, there are some cases where it may be the pedestrian’s behavior on the road that causes a motor accident.

On the busy streets of New York City, it can sometimes be difficult for the driver to control their vehicle in time to avoid a pedestrian who appears where they were not expected to. In almost all pedestrian accidents, it will be the pedestrian who suffers far more serious injuries than the car driver.

However, damages are awarded based on an examination of who was at fault for the accident and not merely by considering the level of injury caused by the accident. This is the reason why you must consult a competent pedestrian accident lawyer in New York if you hit a pedestrian in an accident that was caused due to no fault from your side. 

What are the Situations When Pedestrians May Cause Accidents in NYC?

When pedestrians do not follow the traffic rules and act in an irresponsible manner, they can cause serious accidents. Here are a few examples of such situations:

Distracted walking

A pedestrian who is texting, reading email, checking their social media feeds or speaking on their cell phone or engaged in conversation with another pedestrian is not able to focus on the road traffic. Similar is the case with pedestrians who listen to loud music while walking and thus, fail to listen to the warning horns of vehicles on the road. This distraction is one of the major causes for accidents caused by pedestrians. Distracted walking while crossing a traffic intersection can often be so disastrous that it could result in catastrophic injuries.

Walking under the influence of prohibited substances

Alcohol and drugs as well as certain prescription medication can impair muscle coordination and balance, and thus affect one’s ability to walk in a safe manner. Pedestrians who are intoxicated because of any prohibited substance also have poor judgment and thus, are very likely to cause accidents in New York. In fact, research from New York University’s Langone Medical Center has shown that 15% of pedestrians who were injured in accidents had consumed alcohol before their injury.

Jaywalking

Jaywalking is the term used to describe pedestrian behavior on the road that includes crossing streets in an unsafe, illegal, or careless manner. Some examples of jaywalking include:

  • Not obeying the control signals for pedestrians
  • Not yielding the right-of-way to motor vehicles
  • Failure to obey the traffic rule of walking against the direction of vehicular movement on the road
  • Crossing the road in an area other than the specified crosswalk

Walking is prohibited areas

Some parts of roads such as interstates are considered off-limits for pedestrians because they can be very dangerous to walk on. When a pedestrian does not keep away from such places and enters a restricted area, they are said to have violated the law and can be held liable for an accident even if they have suffered serious injuries.

Behavior triggered by poor judgment

Pedestrians who cross the road in a hurry without looking at the traffic movement can be held at fault for a collision. Other examples of poor judgment include:

  • Wearing dark clothing that renders them difficult to notice especially at night
  • Throwing items on the street
  • Darting onto the road to pick up an object
  • Intentionally behaving in a manner that distracts the drivers

The Concept of Shared Fault in Pedestrian Accidents in NYC

New York is a comparative negligence state and therefore, in an accident, the damages one can recover will depend on the extent of their fault. Under the law, not just drivers but pedestrians too are expected to exercise a reasonable amount of care and obey the traffic signs and rules. If pedestrians are found to have violated rules of this type, they can be held partially at fault for the crash even if they have suffered grave injuries.

  • For example, if a pedestrian darted onto the road to pick up an object that fell from their bag and got hit by a speeding car, they may be held partly responsible for the crash. Suppose the insurance company or the court determines that the speeding driver was 70 percent responsible for the collision and the pedestrian was 30 percent at fault for the same, the compensation each individual receives will be adjusted accordingly.
  • If on the other hand, the driver was not speeding and exercising due care, but it was the pedestrian’s darting onto the road alone that triggered the crash, the pedestrian may be held 95 percent responsible and be able to recover only a mere 5 percent of the awarded damages.

How Can You Prove Pedestrian Fault in an Accident?

In any accident where a pedestrian is hurt, it is a common assumption that it must have been the driver who was responsible for the crash. In order to overcome this natural bias, it is vital to have solid evidence that shows it was the pedestrian who was at fault for the crash.

To be able to prove pedestrian liability, you will need to have:

  • Evidence of vehicle damage in the crash
  • Video footage from surveillance cameras in the area where the crash occurred
  • Photographs were taken at the site of the accident
  • Cell phone records of the pedestrian
  • Chemical test records of the pedestrian
  • Eyewitness accounts of the events that unfolded during the collision
  • Testimony from accident reconstruction specialists who can explain how the pedestrian’s actions led to the crash.

Obtaining all such evidence can be very difficult for a driver who has been involved in a pedestrian accident. This, along with the natural sympathy evoked for the pedestrian who is likely to have suffered a greater injury in the crash, can create a situation where the car driver is unjustly made to pay for an accident that was not their fault.

If you or a loved one is in such a situation, it is critical that you consult an experienced pedestrian accident personal injury attorney in New York at the earliest. They will have access to resources that can help you get all the evidence and testimony that proves pedestrian fault for the accident.

Get in Touch With an Expert Pedestrian Accident Attorney in NY

Proving pedestrian liability for an accident is not a simple task, especially in crashes where the pedestrian has suffered a serious injury. Even if you believe that you may share a small percentage of the blame for the accident, it is vital that you file for damages. New York’s comparative negligence clause allows you to recover compensation albeit reduced to the extent of your contribution to the crash.

The personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP have worked with several clients who were involved in car accidents where pedestrian negligence caused the crash. If you or a loved one has been in such an accident, and want to make sure that you get justice, get in touch with us today at 212-344-1000 or contact us online for a free and confidential case review.

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